Sainsbury’s has failed in an try to pressure Tesco to drag an advert which featured the road “Clubcard provides you extra to spend in your groceries than Nectar. Stacks extra”, regardless of claims that it was deceptive.
The outside digital poster for Tesco, seen in September final yr, featured a picture of a stack of sandwiches. Textual content said, “Get extra with” alongside the Tesco Clubcard emblem.
Additional textual content written in roundels said, “£1 from 100 Clubcard factors*” and “50p from 100 Nectar factors*”. Textual content beneath said, “Clubcard provides you extra to spend in your groceries than Nectar. Stacks extra”.
Small textual content on the backside of the poster said, “*Clubcard factors are value 2x the worth of Nectar factors when transformed for spend at Tesco and Sainsbury’s respectively. Worth of Nectar factors for spend at Sainsbury’s checked at nectar.com on 30/08. Comparability excludes Nectar factors worth enhancing or bonus factors provides. Particulars at tes.co/nectar-spend-partners.”
However miffed Sainsbury’s bosses complained to the Promoting Requirements Authority, difficult whether or not the comparability between the Tesco Clubcard and Nectar loyalty card scheme was deceptive.
In response, Tesco mentioned that customers would view the advert as making a selected comparability between the conversion worth of Clubcard factors and Nectar factors for spend on groceries and that it was not deceptive to promote and spotlight particular components of a loyalty scheme.
The retailer believed it was commonplace within the grocery retail marketplace for supermarkets to promote particular components of their loyalty schemes with out highlighting different components and advantages and offered examples of such adverts.
Tesco believed clients had understanding of the variations that might come up between loyalty schemes throughout the retail sector, and even produced the discovering of a survey it had carried out in August 2023 to show it.
In its ruling, the ASA dismissed Sainsbury’s considerations, including that whereas there might have been variations within the financial savings and assortment of factors between the 2 schemes, the advert highlighted that the identical variety of factors transformed to twice the financial worth with Tesco in comparison with Sainsburys when used for groceries and was subsequently not deceptive.
The watchdog dominated that no additional motion was required.
The transfer comes as Tesco has began trialling personalised pricing with a choose group of Clubcard members, providing individuals ‘Your Clubcard Costs’ on chosen merchandise that the grocery store is aware of they like.
A spokesperson mentioned: “We’re continually in search of methods to make Clubcard work tougher for our clients. And with Clubcard Costs on hundreds of merchandise, it’s already saving clients as much as £385 on the annual value of their groceries.
“We’re at the moment providing Your Clubcard Costs to a trial group of our Clubcard members, giving them provides on merchandise they commonly purchase at Tesco, along with the hundreds of Clubcard Costs out there to all Clubcard members every week.”
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Charlie McKelvey